What Happens If You Accidentally Hit a Motorcyclist With Your Car?
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Most motorcyclists agree that riding is a great way to unwind or see Michigan’s roads from a different view. When a motorcyclist is hit by a car, that ride can turn disastrous in seconds. Motorcyclists are about 28 times more likely to die in a crash, per mile traveled, than people in passenger vehicles, and they have far less protection even in a “minor” impact.
Despite everyone’s best efforts, accidents happen. Here’s a guide to what happens if a driver hits a motorcyclist.
Do You Have a Case?WHAT CAUSES A DRIVER TO ACCIDENTALLY HIT A MOTORCYCLIST?
According to the National Safety Council, more than half of motorcycle fatalities involve another vehicle.
The most common story is that a motorist never saw the motorcycle until it was too late. Right-of-way violations at intersections are frequent. A rider often has only a second or two to avoid the crash. Alcohol is also a significant factor in motorcycle deaths.
WHO IS RESPONSIBLE FOR A MOTORCYCLIST’S INJURIES?
Fault still matters for a third-party claim, but motorcycles are not “motor vehicles” under Michigan no-fault law. A rider who hits a deer is treated differently from a rider hit by a car. Basic motorcycle policies do not include Personal Injury Protection (PIP).
A motorcyclist injured in a crash with a car or truck usually looks first to the No-Fault policy on that motor vehicle. If the owner and driver have different insurers, both may be in the order of priority. A rider who also owns a car may have a household auto policy in that lineup. Optional motorcycle PIP, if purchased, is limited and typically medical-only.
In serious cases, the rider may also pursue noneconomic damages such as pain and suffering if they meet Michigan’s injury threshold and are less than 50 percent at fault. Contact an experienced motorcycle accident attorney promptly.
WHAT KIND OF INSURANCE ARE MICHIGAN MOTORCYCLISTS REQUIRED TO HAVE?
Motorcycle owners must carry residual liability insurance. After July 1, 2020, the minimums are $50,000 per person and $100,000 per accident, the same floors that apply to cars. Riders can buy higher limits.
Optional motorcycle PIP is sold in $5,000 increments and generally covers medical expenses only.
HOW DOES THE NO-FAULT LAW AFFECT MOTORCYCLE ACCIDENTS?
When a motor vehicle is involved, PIP for an injured motorcyclist generally follows this order:
- The insurer of the motor vehicle owner involved in the accident
- The insurer of the motor vehicle operator, if different
- The motorcyclist’s own auto No-Fault policy, if any
- The auto No-Fault policy of the motorcycle owner, if different from the operator
- The Michigan Assigned Claims Plan (MACP), which generally caps medical benefits at $250,000 after the 2020 reforms
PIP medical limits chosen by the auto policy in priority can cap what the rider collects in no-fault medical benefits, even if the rider bought unlimited coverage on a household car that is lower in line. If a higher-priority insurer opted out of PIP medical, the claim may move to the next policy.
A seriously hurt rider may still sue the at-fault motorist for medical bills above those PIP limits and for noneconomic damages when the law allows.
WHAT SHOULD I DO IF I ACCIDENTALLY HIT A MOTORCYCLIST?
What to do
- Call an ambulance if anyone is hurt
- Call the police. Move vehicles only if it is safe and they can be driven
- Photograph the scene, including the motorcycle and other vehicles
- Exchange information with the rider and any other drivers
- Get contact information for passengers and witnesses
- Contact an experienced motorcycle accident lawyer as soon as possible
What not to do
- Don’t leave the scene
- Don’t admit fault or speculate about how the crash happened
- Don’t say you or your passengers are “fine”
- Don’t sign insurance papers without talking to a lawyer
If you have been in a motorcycle accident, our legal team is ready to help you pursue the compensation you deserve.
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Do You Have a Case?
